In a significant case that could redefine the timelines for public records requests, the Michigan Supreme Court is set to assess if Grand Rapids breached the state’s Freedom of Information Act (FOIA). This comes after the city took over a year to fulfill a records request.
The 2023 lawsuit by the American Civil Liberties Union (ACLU) of Michigan highlights delays in obtaining approved documents. Although Michigan’s FOIA mandates an initial response within five business days, it lacks a specified deadline for the actual provision of the records. The ACLU claims this delay is akin to a “constructive denial” of their requests.
Grand Rapids attributes the delay to the volume of requests, explaining a “first-in, first-out” processing method. In a statement to the Michigan Supreme Court, the city argued the ACLU was dissatisfied with the timeline for a supposedly minor request, accusing them of seeking “special treatment.”
Joseph Richotte, representing the Michigan Press Association, articulated concerns about the delay’s impact on public access to information. “I think to the average voter who would be looking for the information to cast an intelligent vote, 18 months is certainly not going to be seen as reasonable,” he commented to Michigan Public Radio, emphasizing the potential delay’s effect on elections.
Previously, a Michigan Court of Appeals panel unanimously concluded that the FOIA does not impose a specific deadline for request fulfillment, hence the judiciary should not intervene where the law remains ambiguous. However, the Michigan Supreme Court order to review this case suggests a reevaluation might be forthcoming. The date for oral arguments has yet to be announced, but they are expected to occur next year.
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